Truck-driver fatigue, one of the leading causes of all tractor trailer fatalities, was the suspected cause of a recent Nevada truck accident where an 18-wheeler hit an Amtrak training killing six people. According to the Oklahoma Highway Patrol, in 2010, over 4,500 people were injured or killed in large truck accidents throughout the state.
The size and weight of semi trucks mean the force of their impact frequently results in devastating injuries and death. Studies are now showing that modest adjustments to trucking practices may help combat truck driver fatigue and save lives.
In an effort to stem the number of injuries and fatalities caused by drowsy drivers in trucking accidents, the Federal Motor Carrier Safety Administration (FMCSA) has proposed a modification to regulations, which would reduce the number of hours that commercial truck drivers are permitted to spend behind the wheel.
The FMCSA was scheduled to publish the new rule by July 26, 2011, but extended the date until October 28, 2011 to allow time to comment on four driver fatigue studies that were released over the summer, which support their changes to the existing truck driving limit laws. If approved, the new rules would make the following changes to trucking regulations:
- Consecutive Driving Hours: The hours-of-service (HOS) rule currently allows a driver to stay behind the wheel for 11 consecutive hours. The new rule would limit the daily drive time to 10 hours. The studies found the most crashes took place in during the 11th hour of driving.
- Rest Period: Current rules require that drivers take 34 hours off-duty before they may begin a new workweek. The proposed rule would require the off-duty time to include two overnights (midnight - 6:00 am) once drivers reach their weekly driving limit. One of the studies found that starting trips during the daytime hours reduces the odds of having an accident.
- Electronic on-board recorders (EOBRs): Since April 2010, EOBRs (electronic monitors that track the vehicle's operation hours) have been required for carriers with patterns of HOS violations. The agency would like to extend this rule and require EOBRs on all commercial vehicles. This will allow to agency track compliance.
If enacted, trucking companies who violate the new hours of service limits could face fines of up to $11,000 for each infraction. In addition to the increased fines tied to violating the new rules, the FMCSA has stepped up enforcement through surprise inspections, full compliance reviews and enforcement actions. More imminent hazard orders have been issued to unsafe carriers in the last two years than the past ten combined.
The trucking industry has opposed the new rules citing to a general reduction in number of fatalities involving trucks over the last decade. The rule change will require companies to hire additional drivers. Smaller operators say it will affect them more than the larger companies who operate on a hub-and-spoke delivery system and can adapt to the changes more easily.
Regardless of the challenges posed by the new limits, federal regulators believe that the new regulations will prevent fatalities caused by driver fatigue. Highway-safety advocacy groups agree, noting that the number of accidents involving trucks is still too high.
Fatigued truck drivers are a danger to everyone on the road. If you or a family member have been injured in a semi trailer or other commercial truck accident you should consult an experienced Oklahoma City trucking accident attorney who can evaluate your case and review your options with you.
